Maintenance Act, 1998
R 385
Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003)Chapter 13 : Resolution of Financial ProblemsPart 2 : Provincial interventions150. National interventions |
| (1) | If the conditions for a provincial intervention in a municipality in terms of section 139(4) or (5) of the Constitution are met and the provincial executive cannot or does not or does not adequately exercise the powers or perform the functions referred to in that section, the national executive must— |
| (a) | consult the relevant provincial executive; and |
| (b) | act or intervene in terms of that section in the stead of the provincial executive. |
| (2) | If the national executive intervenes in a municipality in terms of subsection (1)— |
| (a) | the national executive assumes for the purposes of the intervention the functions and powers of a provincial executive in terms of this Chapter; |
| (b) | the Minister assumes for the purposes of the intervention the functions and powers of an MEC for finance in terms of this Chapter; and |
| (c) | a reference in this Chapter— |
| (i) | to a provincial executive must be read as a reference to the national executive; |
| (ii) | to an MEC for finance must be read as a reference to the Minister; and |
| (iii) | to a provincial intervention must be read as a reference to a national intervention. |
